
1 

(1) This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Commencement No. 2 and Transitional Provisions) Order 2014 and comes into force on 22nd March 2014.
(2) In this Order—
 “the Act” means the Land Registration etc. (Scotland) Act 2012;
 “the 1995 Act” means the Requirements of Writing (Scotland) Act 1995;
 “ARTL System” has the meaning given by section 12 of the 1995 Act; and
 “electronic communication” has the meaning given by section 12 of the 1995 Act.
2 

(1) Subject to paragraph (2)—
(a) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 1 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 22nd March 2014;
(b) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 2 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 11th May 2014; and
(c) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 3 of the Schedule (the subject matter of which is specified in column 2 of that Part) is the designated day.
(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1)(a), (b) or (c) for that purpose only.
3 

(1) Paragraphs (2) to (4) have effect for the period beginning on 11th May 2014 and ending with the day before the designated day.
(2) Insofar as the provisions of the 1995 Act come into force by virtue of article 2(1)(b) they do not apply to documents created as an electronic communication within the ARTL system.
(3) Sections 1(2A) and (2B), 2A, 2C, 3A and 6A of the 1995 Act apply only to documents created as an electronic communication within the ARTL system.
(4) Section 12 of the 1995 Act (interpretation) applies as if it contained a definition of “traditional document” meaning a document written on paper, parchment or some similar tangible surface.
4 

(1) For the period beginning on 11th May 2014 and ending with the day before the designated day, section 7 of and Schedule 2 to the 1995 Act (subscription and signing: special cases) apply to an electronic document as if “signed” and “subscribed” means “authenticated”; and “sign”, “signs”, “signature”, “signing” and “subscription” are to be construed accordingly.
(2) In this article “electronic document” has the meaning given by section 9A of the 1995 Act (subject to article 3(2) which has the effect of excluding documents created as an electronic communication within the ARTL system).
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh

19th February 2014
SCHEDULE
Article 2
PART 1

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 97 Electronic documents Only for the purpose of making regulations
Section 99 Automated registration 
Section 100 Power to enable electronic registration 
PART 2

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 96(1) Where requirement for writing satisfied by electronic document For the purpose of the amendments in section 96 commenced by this Part
Section 96(2)(a)(ii) and (iii), (b)(ii) and (iii), (3) and (4) Where requirement for writing satisfied by electronic document For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil
Section 97 Electronic documents Insofar as not already in force, for all purposes except for the purpose of—
(a) any will, testamentary trust disposition and settlement or codicil;
(b) inserting section 9G(6) into the 1995 Act
Section 98 and schedule 3, paragraph 1 Amendment of Requirements of Writing (Scotland) Act 1995 For the purpose of the amendments in schedule 3 commenced by this Part
Schedule 3, paragraphs 3, 4, 6, 8, 9, 10, 11(b) to (g), 18, 19(a)(ii), (vii) and (b), 20 to 22 and 27 Amendment of Requirements of Writing (Scotland) Act 1995 For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil
PART 3

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 96(1) Where requirement for writing satisfied by electronic document For the purpose of the amendments in section 96 commenced by this Part
Section 96(2)(a)(i) and (iv), (b)(i) and (c) Where requirement for writing satisfied by electronic document For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil
Section 98 and schedule 3, paragraph 1 Amendment of Requirements of Writing (Scotland) Act 1995 For the purpose of the amendments in section 98 and schedule 3 commenced by this Part
Schedule 3, paragraphs 2, 5, 7, 11(a), 12 to 17, 19(a)(i), (iii) to (vi), (viii) and (ix) and 23 to 26 Amendment of Requirements of Writing (Scotland) Act 1995 For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil